Source: http://fox11online.com, December 9, 2014
Another federal court trial has been scheduled as the U.S. government and paper companies continue litigate who will pay for Fox River cleanup.
During a hearing Monday before Judge William Griesbach, a June 13, 2016, trial was set for a lawsuit filed in 2008 by Appvion (formerly Appleton Papers) and NCR against several other paper companies.
In it, Appvion and NCR wanted “to allocate equitable shares of the cleanup costs and natural resource damages” associated with PCB contamination.
That lawsuit, and another filed by the federal government in 2010 seeking orders for payment, have been working their way both the federal court in Green Bay and the federal appelate court.
After a recent appeals court decision, part of the case has been set back to Judge Griesbach. According to a recent court filing, the issues are:
“First, because this Court’s ruling finding that NCR could not recover in contribution against the Defendants has been vacated, that claim has been revived and it will require further adjudication, including additional discovery, consistent with the Seventh Circuit’s opinion.
Second, because this Court’s ruling finding that Defendants were entitled to 100 percent contribution from NCR on Defendants’ counterclaims has been vacated, those counter claims have now been remanded as well, and will require additional adjudication and discovery, consistent with the Seventh Circuit’s opinion.
Third, because this Court’s ruling dismissing Appvion’s Section 107 claim has been reversed, Appvion’s Section 107 claim has been revived and it will require further adjudication, including additional discovery, consistent with the Seventh Circuit’s opinion.”